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Town Planning Assessment Report
Mur
Town Planning
Assessment Report
797 Ringtail Creek Rd, Pomona
Material Change of Use to establish a Dwelling House
November 2021
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Page 2
Table of Contents
1. SITE AND APPLICATION SUMMARY ................................................................................................................ 3
2. PROPOSAL.............................................................................................................................................................................. 4
3. BACKGROUND.................................................................................................................................................................. 5
4. SITE DETAILS ........................................................................................................................................................................ 5
4.1. SITE DESCRIPTION ....................................................................................................................................................... 5
5. ASSESSMENT REQUIREMENTS............................................................................................................................... 6
5.1. FRAMEWORK FOR ASSESSMENT .............................................................................................................................. 6
5.2. ASSESSMENT BENCHMARKS RELATED TO THE PLANNING REGULATION 2017 .................................. 6
6. THE NOOSA PLAN .......................................................................................................................................................... 7
6.1. DEFINITIONS .................................................................................................................................................................. 7
6.2. LEVEL OF ASSESSMENT................................................................................................................................................ 7
6.3. ASSESSMENT BENCHMARKS ..................................................................................................................................... 8
7. CONCLUSION ................................................................................................................................................................. 14
Appendices
Appendix A Proposal Plans
Appendix B Ecological Assessment Report
Appendix C Bushfire Hazard Assessment
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1. Site and Application Summary
Applicant
Applicant: Scott & Rebecca Stewart C/- Brennan Planning Pty Ltd
Contact Details: Marcus Brennan
Mob: 0423 952 928
Email: [email protected]
Registered Landowner(s): Scott & Rebecca Stewart
Application
Material Change of Use to establish a Dwelling House
Development Application:
Level of Assessment: Code Assessable
Referral Agencies: Nil
SEQRP: Regional Landscape and Rural Production Area
Subject Site
Address: 797 Ringtail Creek Rd, Pomona
Lot Description: Lot 4 on RP213871
Area: 3.407 ha
Easement(s): Nil
Covenants Nil
Local Plan Area: Nil
Zone: Rural
Applicable Codes: + Biodiversity, Waterway and Wetlands Overlay
- Area of Biodiversity Significance
+ Bushfire Hazard
- High Potential Bushfire Intensity
- Medium Potential Bushfire Intensity
- Potential Impact Buffer
+ Flooding and Inundation Extent
+ Landslide Hazard
- Moderate Hazard Area
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2. Proposal
The proposal seeks a Development Permit for a Material Change of Use of premises to establish a Dwelling
House on the premises. The application is triggered for the following reasons:-
+ it does not comply with AO2.4 of the Rural Zone Code in that it would establish sensitive land use closer
than 200 metres from land on an adjacent property included in the Rural zone and mapped as an
Agricultural Land Conservation Area; and
+ it will involve clearing vegetation identified as an area of biodiversity significance under the Biodiversity,
Waterway and Wetlands Overlay map.
The proposed dwelling is small in nature, having dimensions of 15.56m x 10.59m and has a footprint of 162.6m2.
The dwelling is a lightweight construction that is raised on posts and has been designed to have a minimal
impact on the surrounding landscape in scale and form. The design incudes a large deck and breezeways to
maximise outdoor living opportunities, ventilation and passive design opportunities.
The location of the dwelling is positioned in the southwest corner of the site in response to flooding constraints
that exist over the property. The remainder of the property is affected by flood inundation extents. The
location of the dwelling site is heavily vegetated and a total clearing of 2900m2 would be necessary to
establish the house site with appropriate buffering for bushfire purposes.
An existing property maintenance track will be utilised to access the dwelling. The existing driveway
crossover located in the northwest corner of the site will gain access to Ringtail Creek Road.
Figure 1 – Proposed Site Plan
Please refer to Appendix A – Proposal Plans for further details relating to the design and siting of the building.
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3. Background
A search of Council’s online Development Application system reveals a shed was privately certified for the
site in 2009.
4. Site Details
4.1. Site Description
The subject site is located at 797 Ringtail Creek Road, Pomona described as Lot 4 on RP213871.
The site has a total area of 3.407ha and is an irregular shaped rural allotment that gains access to Ringtail
Creek Road in the north western corner of the site.
The site contains an existing shed in the middle of the site. The topography of the site generally slopes
downhill to the south eastern corner of the site.
The majority of the site, including the existing shed, is constrained by flooding inundation extents. There is a
limited area available for a future house site area outside of flood inundation extents. The area that is
available it is also mapped as core koala habitat, and locally refined koala habitat under State mapping and
is also identified to be of significance by the planning scheme.
The entire site is also constrained by bushfire hazards. A bushfire management plan has been included in
Appendix B.
Please refer to Figures 2-3 below which provide an aerial photograph of the subject site and the extent of
flood constrained land which limits the location of a future house site area.
Figure 2 – Aerial Subject site
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Figure 3 – Flooding extents over the subject site
5. Assessment Requirements
5.1. Framework for Assessment
Categorising Instruments for Statutory Assessment
In accordance with Section 43 of the Planning Act 2016, the following categorising instruments may contain
assessment benchmarks applicable to development applications:
• the Planning Regulation 2017
• the Planning Scheme for the local government area
• any temporary local planning instrument
• any variation approval
Of these, the planning instruments relevant to this application are discussed below:
5.2. Assessment Benchmarks Related to the Planning Regulation 2017
SEQ Regional Plan
The subject site is located within the Regional Landscape and Rural Production Area under the SEQ
Regional Plan. The regulatory provisions do not apply to development involving a dwelling house in the
Regional Landscape and Rural Production Area.
Part E of the State Planning Policy
The current State Planning Policy (SPP) commenced on 3 July 2017. The applicable State interests relating
to development assessment are set out in Part E of the document and are under five broad themes. The
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assessment benchmarks of the SPP Part E that are relevant to the development proposal are consistent
with the current provisions of the Planning Scheme and would not warrant further assessment.
Schedule 10 of the Regulation
The proposal does not trigger referral to any agencies or assessment against any of the benchmarks
contained with Schedule 10 of the regulation.
While the subject site is mapped as a Koala Priority Area and Core Koala Habitat Area under the Koala
Conservation Strategy mapping, the proposed clearing meets the exemptions under schedule 24 of the
Planning Regulation 2017 (the Regulation) relating to essential management . Consequently, the proposed
clearing would not involve prohibited development under Schedule 10, Part 10, Division 2, Section 16A of the
Regulation. Please refer to Section 5 of the Ecological Assessment Report at Appendix B for further details.
6. The Noosa Plan
6.1. Definitions
The Noosa Plan 2020 defines a Dwelling House as:
Dwelling house means a residential use of premises involving—
a) one dwelling for a single household and any domestic outbuildings associated with the
dwelling; or
b) one dwelling for a single household, a secondary dwelling and any domestic outbuildings
associated with either dwelling.
6.2. Level of Assessment
Table 5.7.1 - Building Work
Pursuant to Table 5.7.2 of the Noosa Plan 2020, the proposed building works are accepted development
subject to the following requirements:-
Table 6.2.1
Requirements for Accepted Development
Rural Zone Code
AO2.4, AO7, AO8, AO11, AO12, AO13, AO15 and AO16
of the Rural Zone Code
Low Density Housing Code
Acceptable Outcomes AO2.1, AO3, AO15, AO16, AO18 and
AO22 of the of the Low Density Housing Code
Where not meeting the accepted development provisions, the development becomes code assessable in
accordance with Section 5.3.3(2) of the Noosa Plan 2020.
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Section 5.9 Categories of Development and Assessment - Overlays
The site is affected by the following Overlays:
+ Biodiversity, Waterway and Wetlands Overlay
+ Bushfire Hazard
+ Flood Hazard
+ Landslide Hazard
The proposal will not trigger assessment against any of the overlay codes except for the Biodiversity,
Waterway and Wetlands Overlay as it will involve clearing vegetation identified as an area of biodiversity
significance on the overlay map.
6.3. Assessment Benchmarks
The proposed dwelling house is assessable against the following zone and development codes:
• Rural Zone Code (applicable outcomes)
• Low Density Housing Code (applicable outcomes)
An assessment against the key outcomes contained within the applicable codes is provided in Table 6.3.1
below:
Rural Zone Code
Performance Outcomes Acceptable Outcomes Compliance
PO2 AO2.4 AO2.4 - Performance Outcome
Development does not result in the No sensitive land use is established
loss or diminished productive closer than 200 metres from land on A small area of land on the adjacent
capacity of Agricultural Land an adjacent property included in the properties to the east is mapped as
Conservation Area. Rural zone and mapped Agricultural Land Conservation
as Agricultural Land Conservation Area and the proposed dwelling
Area as shown in Agricultural Land house would be located
Overlap Maps in schedule 2. approximately 70m from the
mapped area.
The agricultural land area on the
adjoining property comprises a
total area of 3,400m2 and would be
insufficient to undertake any viable
agricultural activity that would
warrant separation buffers. Overall,
the establishment of the proposed
dwelling house would not result in a
loss or dimmish the productive
capacity of the Agricultural Land
Conservation Areas occurring on
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the adjacent land in accordance
with PO2.
Building height and scale AO7.1 AO7.1 - Complies
PO7 Buildings are no more than two The building has a height of 1
Buildings and other structures: storeys in height. storey.
are low rise; AO7.2 AO7.2 - Complies
With the exception of Class 10 The building has a maximum
minimise the appearance of bulk to buildings or structures used height of 5m.
adjacent properties, roads or other exclusively for a rural
areas in the vicinity of the site; and activity, buildings and structures are
no more than 8 metres in building
respect the scale of height providing that they may be up
surrounding vegetation and to 9 metres where the pitched roof
maximises opportunities to retain but no other part of the building or
existing vegetation on site. structure exceeds 8 metres.
Setbacks AO8.2 AO8.2 Not Applicable
PO8 Buildings or structures which are used The dwelling will not be used for the
Notwithstanding that intensive rural for the storage of chemicals or storage of farm machinery,
activities may need greater machinery, stockpiling of composting fertilisers, chemicals or the like.
separation distances, buildings and or organic fertilisers, or which support
other structures are appropriately artificial lighting or irrigation sprayers
sited and designed to: are not within 100 metres of:
a) avoid environmental harm or a) the boundary of properties in a
nuisance to sensitive land uses, residential zone including the rural
including adverse impacts on residential zone;
amenity values, over and above
what could reasonably be b) a sensitive land use;
expected in the rural zone;
c) the boundary of adjoining
b) avoid adverse impact properties in the environmental
on ecologically important management and conservation
areas including National Parks, zone; or
watercourses, and wetlands;
d) a waterway shown on
c) mitigate risks associated with the Biodiversity, Waterways and
the use of chemicals or air Wetlands Overlay maps in
pollutants; and schedule 2.
d) avoid conflict with rural uses
AO8.5
and activities on adjoining On properties over 2 hectares in area,
AO8.5 - Not Applicable
properties. The adjacent properties do not
a distance of not less than 200
metres is provided between contain over 4ha in mapped
Agricultural Land Conservation
a sensitive land use and land on an
adjacent rural zone property over 4 Area.
hectares in mapped Agricultural Land
Conservation Area.
PO11 AO11.1 AO11.1 - Complies
Development does not have a Development does not result in The proposal can be constructed
significant adverse impact on the sediment, soil or other material in a manner that will ensure no
natural values of the site including including building materials or waste sediment, soil or other material is
through: products being released into the road released into a waterway or
reserve, stormwater drains, adjacent property.
loss of biodiversity values, fauna waterways or adjacent properties.
habitat and fish passage;
AO11.2 - Complies
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changes to natural drainage; AO11.2 The proposal does require
Natural Vegetation is retained vegetation to be removed. The
disturbance to wherever possible. proposed location of the dwelling is
any wetland systems; the most suitable site of the
property due to flooding extents.
erosion and the transport of The clearing has been limited to
sediments off site (including exempt clearing of the boundary
pollutants and other contaminants fence, and the minimum amount
which would affect the capacity of required for the very small dwelling.
agricultural lands); Please refer to the Ecological
Report at Appendix B for further
worsening of landslide or fire risk; details.
on-site effluent disposal; AO11.3
Where there is a nominated building
creation of dust and air pollutants; envelope on the lot, clearing of AO11.3 - Not Applicable
native vegetation and building works The lot does not contain a
disturbance of buildings and do not extend beyond the building nominated building envelope.
features, including natural features, envelope, except for the purposes
of cultural heritage significance. of a driveway access.
PO12 AO12 AO12 - Complies
Development and Development and The proposed site works will not
associated site works do not associated site works, including filling exacerbate flooding or overland
directly, indirectly or cumulatively and excavation are designed and flow issues.
cause adverse impacts external to constructed to ensure overland flow
the development site by: and/or flooding is not worsened,
impeded, or otherwise diverted to
causing ponding of water; adversely affect other properties.
increasing flooding, which adversely
affects the safety or use of any land
upstream and downstream;
adversely affecting the flow of
water in any overland flow path.
AO13 AO13 - Not Applicable
Development on land adjoining The site does not adjoin a major
the major road network, Lake road network, Lake Macdonald, or
Macdonald or the Noosa River the Noosa River system.
system minimises visual impacts on
the scenic amenity of the roadway
or waterway by:
sensitive siting and design of
buildings, structures, driveways and
works;
retaining existing vegetation;
incorporating landscape treatments
to visually screen and soften
development; and
incorporating building materials and
external finishes that are compatible
with the site’s visual character and
landscape setting.
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Sloping sites and ridgelines
PO15 AO15.1 AO15.1 - Complies
The landscape character and visual To protect scenic amenity and other Access to the building will be
amenity quality of hill slopes and landscape qualities, buildings, gained via an existing driveway
ridgelines are retained and buildings structures and associated through the site. The driveway is
and structures: accessways are not constructed on not on land steeper than 25%.
land with a slope greater than 25%.
a) are visually responsive to the
natural topography of the site, AO15.2 AO15.2 - Not Applicable
sitting within the landscape On sloping sites or on ridgelines at the
rather than dominating it; uppermost edge of a hill slope: The proposal is not located on a
sloping site.
b) step down slopes or use a) roof lines are generally parallel
suspended floor construction, with contours of the land;
minimising cut and fill and
avoiding benching of the site; b) roofs do not exceed a pitch of 15
degrees; and
c) allow for retention of
natural vegetation that assists in c) buildings do not protrude above
screening or visually softening the height of
development; and prevailing vegetation.
d) incorporate materials, finishes AO15.3 AO15.3 Complies
and colours that complement Cut or fill is less than 1.5 metres in The proposed dwelling is raised on
the natural setting and integrate depth relative to natural ground posts and will not cut filling.
with the landscape and skyline. surface.
PO16 AO16.1 AO16.1 016.2 - Not Applicable
A comprehensive network of bridle Development includes linkages to or There are no components of the
trails and pedestrian and bicycle between existing or future Noosa Trail Network in the vicinity
linkages is established, enhanced components of the Noosa Trail of the site.
and protected incorporating road Network, as indicated on
reserves, State forests, Council the Strategic
owned land and private lands Framework Infrastructure Map
consistent with the lifestyle and
outdoor recreation needs of Noosa
Shire’s residents and visitors. AO16.2 AO16.2 - Complies
Development does not have an The Noosa Trail Network is not in
adverse impact on vicinity of the subject site.
the access functions of the Noosa
Trail Network.
Low Density Housing Code
Performance Outcomes Acceptable Outcomes Compliance
Removal homes AO2.1 AO2.1 - Not Applicable
PO2 Any part of a removal home that is
affected by termite attack, borers, dry
A removal home— rot or severe weathering or is
damaged as a consequence of
does not have an adverse impact relocation, is repaired or replaced
on the amenity of the premises or using new or sound second-hand
surrounding premises; and materials.
maintains the safety of people and
property.
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Housing choice PO3 AO3 AO3 - Not Applicable
The proposal does not incorporate
A secondary dwelling: A secondary dwelling:
a secondary dwelling.
forms part of a dwelling house and a) has a maximum gross floor
is not subdivided from the balance area of 65m²;
of the dwelling house;
b) has no more than 2 bedrooms;
contributes to housing choice for
members of the one household; c) does not occur on any property
covered by a Building Unit Plan;
protects the low density residential, and
rural residential or rural character of
the zone; d) does not occur on a property that
already contains a dual
does not occur on a property occupancy or secondary
covered by a Building Unit Plan or dwelling.
any property already containing
more than one dwelling;
is accompanied by sufficient car
parking.
Bushfire Hazard Management AO15 AO15 - Complies
PO15 Within a bushfire hazard area where
The building is located in a high
Where located in a Bushfire Hazard there is no reticulated water supply,
potential bushfire area. The
Area as shown on the Bushfire the premises has:
Hazard Overlay Map in Schedule 2 proposal complies with AO15 in
that the premises the dwelling will
and not in a water service area, an a) an accessible dam, swimming
be provided with a water tanks
adequate, reliable, safely located pool or water tank available for
which have a capacity exceeding
and freely accessible water supply firefighting purposes with an
is provided for fire fighting purposes, onsite water volume of not less 5000L and will be fitted with a
50mm diameter fitting.
which is in addition to day to day than 5,000 litres; and
water supply.
b) a water supply outlet pipe 50
millimetres in diameter and fitted
with a standard fire brigade fitting
connected to the water supply
(other than where the water
supply is in a swimming pool or
dam).
Flood Hazards AO16.1 AO16.2 - Not Applicable
PO16 Where the development is located in
The building in not located in a
Development is designed and sited the Flood Hazard Area as shown
to ensure risk to people and on Flood Hazard Overlay Map in Flood Hazard Area.
property from flooding is avoided or Schedule 2, the finished floor level is at
minimised. least 300mm above the DFE
Or
AO16.2
Where the DFE has not been modelle
d for the area, the finished floor level of
habitable rooms is at least
500 millimetres
above the highest recorded flood.
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Major Electricity Infrastructure & AO18.1 AO18.1 - Complies
Substations Development including any sensitive
PO18 land uses is at least: The building is not within proximity
Development is sufficiently of major electricity infrastructure.
separated from major electricity a) 50 metres from a
infrastructure and substations to transmission substation;
minimise the likelihood of nuisance
or complaint. b) 10 metres from any
other substation; and
c) 30 metres from a transmission
line easement.
AO18.2 AO18.2. - Complies
Habitable buildings are not located The proposal is not located near an
within an easement for a distribution easement for a distribution line.
line.
Landslide Hazard Area AO22.1 AO22.1 - AO22.4 - Complies
PO22 Development, including
The dwelling is located outside of
Development maintains the safety associated access, is not located on
mapped Landslide Hazard Areas.
of people, property and hazardous land identified as a landslide hazard
materials stored in bulk from the risk area on a Landslide Hazard Overlay
of landslide Map.
AO22.2
Development, including
associated access, is located outside
moderate, high and very high
landslide hazard areas and areas with
15% slope or greater, as determined
by a site-specific slope-analysis.
Editor's Note—A site- specific
geotechnical assessment may be
used to demonstrate that although
the proposed development is shown
on the Landslide Hazard Overlay as
being in the moderate, high or very
high landslide hazard area, the
landslide risk is low or very low.
OR
AO22.3
A site-specific geotechnical
assessment is prepared by a
registered professional engineer to
certify that:
a) the stability of the site, including
associated buildings and
infrastructure, will be maintained
and operational for the life of the
development;
b) the site is not subject to the risk of
landslide activity originating from
other land, including land above
the site; and
c) development of the site will not
increase the risk of landslide
activity on other land.
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Editor's Note— PSP8 Natural
Hazards provides further guidance on
assessing landslide hazard.
AO22.4
Any specific measures identified in
a site specific geotechnical
assessment for stabilising the site or
development are to be fully
implemented.
Biodiversity, Waterways and Wetlands Overlay Code
The subject site contains areas mapped as biodiversity
significance and riparian buffer under the Biodiversity,
Waterways and Wetlands Overlay. The prosed dwelling
would require clearing a total area of 2900m2 of vegetation
that is mapped as an area of biodiversity significance.
The proposed dwelling is unable to avoid clearing area of
biodiversity significance due to flooding constraints that exist
throughout remainder of the site, making this area unsuitable
for positioning a dwelling house. The proposed dwelling offers
a small footprint and extent of clearing within the mapped area
of has been reduced as much as practically possible while still
ensuring that BAL 29 can be achieved for bushfire separation
purposes. Please refer to the Ecological Assessment Report
at Appendix B for a full assessment against the Biodiversity,
Waterways and Wetlands Overlay Code.
7. Conclusion
This report has identified that the proposed development complies with the relevant benchmarks contained
within the Noosa Plan 2020 and does not raise any significant issues that cannot be addressed by reasonable
and relevant conditions.
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This office trusts that the information supplied comprehensively addresses all of the issues that are to be
considered by The Noosa Plan 2020. Should you have any questions in relation to the proposal, or any
aspect of the development, please do not hesitate to contact the undersigned on 0423 952 928 or via email
[email protected]
Yours sincerely,
Marcus Brennan
B. Urb. Reg. Plan.
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